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Turquie : l'Union des barreaux de Turquie dénonce les atteintes à la démocratie
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Turquie : l'Union des barreaux de Turquie dénonce les atteintes à la démocratie

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  • 1. February 28, 2014 Mr Aldo BULGARELLI President Council of Bars and Law Societies of Europe Rue Joseph II, 40 – 1000 Bruxelles – BELGIUM Dear President Bulgarelli, Turkey is going through a twilight zone that it will never forget in the history of democracy. I take it as my duty to share the suggestions I have come up with about how we can emerge into the daylight in the light of the universal principles of justice. Please read and evaluate this text from this perspective... My thoughts about the tape claimed to be of a telephone conversation between the Prime Minister and his son, and the lessons we, the political power and the opposition should take from these incidents... I'll tell first what I'd say last. I want you to read the remaining part of this text in the light of this last paragraph: In this country, the fundamental rights come to the fore only when the Prime Minister and the Ministers are hurt and as limited only to them. The fundamental rights of the thousands of families and millions of "potential criminal" (!) citizens, whose lives are made miserable with secret witnesses, montage voice recordings that are not supported with material evidences, with fake digital data, the manipulating "information" leaked by the police and prosecution offices to the media, with the inextricable consolidation of dozens of unrelated legal actions, with arbitrary arrest warrants, unfounded and contradictory convictions, of which justifications are tried to be formed after they are announced, are ignored; the "innocent" cries of the citizens who scream, "I wasn't there" make no sense at all for the deaf ears, blind eyes and the stone hearts. Our country in which criticizing the political power has begun to be equated with the membership in a terrorist organization has become the country with the highest number of terrorists (!) in the world. Lawyers, journalists, trade unionists, academics, scientists and military officers make up the most intellectual and qualified terrorist (!) portfolio of all times. While the politics is shaped by the hidden cameras installed in the bedrooms, those who utilize these images captured by these cameras as a political tool and cry out "it is not private, but public life, all in public" let fly at the voice recordings claimed to belong to them. Unfortunately, the opposition builds its politics on these recordings as well. Have you realized that the citizenship of millions of our citizens is tried to be reduced to possessing an identity card and a Republic of Turkey ID Card no? Our legal security, peace and right to look to the Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr
  • 2. February 28, 2014 future with confidence are taken away. Our obligation to produce projects for social justice, social security, and uninsured and unorganized workers, civil servants, housewives, craftsmen, farmers, forest villagers, local and foreign investors, and many others are not fulfilled in this environment where it is unclear who hits whom with what. Our people are squeezed between the illusions and brutality of reality. As a result, Turkey that is the most beautiful country of the world is transformed into a nightmare and a place where it becomes increasingly more difficult to live for our citizens. It is now the task of the citizens to let all political parties know that it is time to wake up from the nightmare and what the method of awakening is. Now, let's take a quick look at my notes: 1. The conversation is claimed to be between the Prime Minister and his son. 2. The Prime Ministry claims the recording is a montage. 3. All newspapers and political parties have taken defence, attack or counter-attack position according to the perspective they have adopted. 4. It is clear that unrecorded hundreds of millions of euros that are of unknown origin and kept at home are mentioned in the conversion. The mentioned figures contain more zeros than we can count of. 5. The following question comes to mind: Although that the Party sharing the ruling power and the Gülen Movement wiretap, monitor and keep records of each other and whoever they want is spoken by everyone in the street, is it possible that a conversation with such context took place in the morning when an operation was carried out against the children of the ministers between the speaking persons in spite of the fact that they must suspect that they could be wiretapped? (Or do the new high-tech cryptographic phones etc. create such a self-confidence?) 6. This question that comes to mind has probably been asked by the thousands of our ordinary citizens whose lives have been ruined by the voice recordings up until now during their trials to the courts. They spoke of the disconnections in the conversation, montages, slanders and that the content of the conversation was not supported with material evidences. However, their pleadings and all requests related to defence run into the stone walls of the court. Because of my respect for them, I will not ask the question that comes to my mind and won't take any notice of the pleadings such as "contrary to the ordinary course of life; montage, etc." for now just like the courts that didn't listen to our citizens, because I demand a permanent solution for all our citizens. 7. Instead I say: A) The political power should desist from projects, initiatives and the concrete steps taken with regard to; Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr
  • 3. February 28, 2014 a- granting the administration (President of the Presidency of Telecommunication) with the authority to censor the internet, b- archiving what the citizens have done on the internet for 2 years, which sites they have visited, which words they have searched for using the search engines and what messages they have posted on the social media, and keeping this information available to the arbitrary use of the authority, c- putting the inspection of all judges and prosecutors under the discretion of the Minister of Justice, d- authorizing the Minister of Justice to designate which member is to work in what department in the High Council of Judges and Prosecutors (for example in the department that determines in which court and province the judges will work), e- armouring the National Intelligence Organization (MIT) affiliated to the Prime Minister with immunity shield and turning it into the sleuthing organizations of the totalitarian states that spy on our citizens with a higher priority than the international intelligence and can connect to the computer system of any institution, bank, company and trade union, and f- restricting the right of the citizens to file administrative litigations and claim a stay of execution. Because suppression leads to protests, the protest is tried to be repressed with suppression, and the government thus becomes increasingly incapable of governing. In this process, the new monsters created by the ruling power with their own hands first attack the society and then their creators once they foresee that the ruling power will change hands. Afterwards, the judiciary starts to be used as a means for new revenges. In this beautiful country, the names of the aggrieved change constantly, but the oppression continues to exist. B) Therefore, the political power; Should think of the days when its ruling power will come to an end (this clause mentioning for those who faithfully talk of democracy that the ruling power will come to an end one day is not an implication of a coup or intrigue, but the expression of a situation acknowledged by every person in every democracy in the world. Unfortunately, we are living in a period where we have to emphasize even this) and Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr
  • 4. February 28, 2014 take the following steps in addition to the abovementioned aspects immediately not for themselves, but for the sake of 76 million people: a- The institution of secret testimony, which has been applied unprecedentedly in the democratic world, helped the confessors of the terrorist organization build a reputation and contributed to the conviction of our soldiers and police fighting against terrorism up until now, must be abolished completely. b- The voice recordings and digital data, which have the potential to ruin the lives of the people who annoy and create difficulties for the political power, security forces and certain circles of interest, must be banned from constituting an evidence alone. c- The establishment of MIT Courts, which will turn the country entirely into a police-intelligence state / nightmare, in lieu of the courts with special authority and Anti-Terror Courts must be discontinued. d- It is not enough to say "the Army and intellectuals were intrigued, this is so wrong, we are so sorry, we didn't do it, they did it, they deceived us"; the political, moral and legal responsibility imposed by these statements is to produce the formulas that will ensure the retrial and fair trial of the aggrieved. Announcing after these statements that they would deal with this issue after the elections is nothing other than to continue to torture those living between the narrow walls of the dungeons. e- If those who manage to (!) produce formulas to save themselves quickly do not generate solutions for the people who, they state, were wronged, they will further increase their share in this oppression. If these steps are not taken immediately, I'm afraid they will be taken down at the end of their power, which looks as though it would never come to an end, by the monsters created by them, and the society will be dragged into a new chaos and the sorrow suffered will never end. C) The political opposition; a- must explain why they are the "right" choice apart from stating the grounds proving the political power to be "wrong". b- It is not enough just to say "I'm right", the path followed must also be "right". c- The struggle to create the perception of preserving and hallowing the status quo must be abandoned following the statements that the current HCJP is Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr
  • 5. February 28, 2014 incapable of ensuring the impartiality and independence of the judiciary and, on the contrary, renders it subordinate to the political power and/or the structures within this power. Judicial independence is not eliminated by the recent law, because the judicial independence has always been impaired and problematic. This recent law carries this situation to a further stage. Therefore, the political opposition must repeatedly put forth the solution it has come up with in accordance with the universal standards instead of taking sides and opting for one of the two wrongs. However, if the political power refuses to accept this solution, the opposition should explain this to the society and maintain the path it follows. Please note that the zigzags do not give confidence. d- The agenda of Turkey is the justice, corruption, freedom, legal security, social justice, social security and what the value of hard work will be. Neither of these issues has priority over others. The real talent is to be able to keep all of them on the agenda of the country. This shouldn't be too difficult. e- The political opposition should not forget that it is obliged to open a new path for Turkey and that this can only be achieved with the liberation, democracy, social justice and social security projects. Final remarks... Opting for one of the two wrongs do not make one right. Zigzags devaluate the words uttered and damage the reliability. At the end of the day, the utterer gains importance as much as what you say. It is high time for the political parties to do something beneficial, abolish the institution of secret testimony, ban the voice recordings and digital data from constituting an evidence alone and render the HCJP impartial and independent through amending the Constitution for the sake of themselves and 76 million citizens of our country. If they stop thinking of which politicians will benefit from such actions, I am sure that they will all see the truth: All citizens. Let me add, in case it is not enough: Themselves as well!.. Once we manage to judge an "unlawfulness" as "unlawful" and "injustice" as "unjust", only then we can make a substantial progress in the path going towards democracy, rule of law and justice. With my deepest respects and compliments... Att. Metin FEYZİOĞLU Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr
  • 6. February 28, 2014 President of the Union of Turkish Bar Associations Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr
  • 7. February 28, 2014 President of the Union of Turkish Bar Associations Address: Oğuzlar Mah.Barış Manço Cad. Av. Özdemir Özok Sokağı No:8 06520 Balgat/Ankara/TURKEY Tel : +90 312 292 59 00 – Fax : +90 312 286 31 00 web : www.barobirlik.org.tr e-mail : utba@barobirlik..org.tr